Jump to content


  • Tweets

  • Posts

    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
    • Paying DCA's one penny, never mind £50 per month is a mugs game, they have really been milking him as a cash cow   See where received a claim form is underlined in your post, you need to click, on that and read carefully, then answer the questions, then copy and paste into a post on this thread Forget the CAB ,  their advice is sometimes weird. Is it worth defending? Lowell brought these debts for 10 p in the pound , years ago, because they are flawed. Think about it! if it was such an easy win, Capital one could have taken it to court and crushed him.  It could be an invalid agreement, default notice, or many other things. In a nutshell , yes, and we can help you.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Excel vanishing Windscreen PCN NTK - parked in a restricted area - GALLAGHER retail park, Huddersfield, HD5 0AN


Recommended Posts

there's one in this thread..

i wonder if its the same, they seem to be identical regardless each time we have a thread with one

Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

What do the Site team think about this-

Write a complaint to excel's Complaints dept, stating that you are the keeper of vehicle xxxxx but not the driver on the day.

You saw on one of the photos included with the PCN [give them the number of your PCN] that a notice was placed on my vehicle while my driver was unloading.

By the time my driver returned a few minutes after, the Notice had been withdrawn. The most likely person to have done that was the photographer as the time difference was too short for anyone else to have removed it.

I understand that if this was a Notice to Driver that the PCN you sent should not have arrived until at least 28 days later. Could you please explain why that Notice was removed and show me that document prior to me raising the issue with the ICO.

That way the scrotes know the situation -that they have been rumbled and should they continue with a non compliant PCN they have no chance in Court .

Link to post
Share on other sites

these Excel/VCS privacy notices only have 2 things the operator has to do on them

enter the date 

tick either excel or VCS depending upon which firm manages the carpark .

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Essentially there are organisations that, despite the tightening of legislative practice, remain committed to extracting money as they always have done - by way of underhand, strong arm tactics. 

My neighbour paid up, she was sure she would end up paying more, and it was the narrative that caused her to panic and pay up.

Of the others that I’m aware of, they’ve done the same. Some have appealed, lost, paid, others just paid, and from what I can tell it’s the surface seriousness of the appearance of the NTK.

Most of the NTK’s have been related to overstaying, returning twice within, or overnights when none have, and they’ve had proof they didn’t contravene but they ended up paying out of fear of the original sum increasing.

I’m wondering if there’s a higher authority to turn to, one that will investigate the practice of such organisations. The retail stores on the site don’t, or won’t, get involved, it’s nothing to do with them, the car park is managed privately etc etc. 

My neighbour is a typical, hard working single parent, no spare money, everything’s stretched, she felt it when she paid up. She said it was the unfairness of it that stung more than anything because she paid a fine for a thing she didn’t do, Excel took her money regardless of their deception and funky ANPR wizardry.

Link to post
Share on other sites

I couldn't agree more Maffster. I really hate when I read the sanctimonious bullshine from the likes of the BPA and the IPC when trying to justify the existence of their industry.

This is from the new IPC Code of practice

"This updated Code of Practice for members of the International Parking Community (the IPC), the parking trade body that drives up standards across our industry, will create a better parking experience for the law and rule-abiding majority of those who use our members’ car parks, whilst ensuring that those who flout the rules are encouraged to change their behaviour."

Do they really believe that they are driving up standards.across their Industry????? They are the depository for some of the biggest rogues . Birds of a feather spring to mind.

Hot off the Press. Apparently Excel has just switch ed from BPA to IPC. Above the headline there is a statement from BPA.

BPA says appeals service is independent and scrutinised.  

You would think that it would be something that was welcomed by an honest, transparent car park company........

  • I agree 1
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...